Rylands and Fletcher Flashcards
What are steps for Rylands and Fletcher?
Damages
Who can sue
Who can be sued
Non-natural
Was the thing dangerous
Escape
Defences
Remedies
Who can sue in RaF?
Someone who has an interest in the land
Who can be sued in RaF?
Occupiers
What is the definition of non-natural?
The occupier brought it to the land for “some special use bringing with it an increased danger to others. It must not merely be the ordinary use of the land or such a use as is proper for the general benefit of the community”
Can the ‘thing’ be fire?
No, must be the thing that is on fire that escapes
What is the definition of dangerous in RaF?
A reasonable person would foresee danger if the thing escapes
What is the definition of escape?
The thing moved from one person’s area of control to another person’s area of control
What defences are available for RaF?
Statutory authority
Act of a stranger
Volenti (common benefit)
Act of God
Contributory negligence (default)
What remedies are available for RaF?
Compensation for damages
Injunctions (rare)
Abatements
Which case shows that something that grew naturally (e.g. plants or water) cannot be used?
Giles v Walker - thistles grew without being planted
Which case defined non-natural?
Rickards v Lothian
What did Lord Bingham add to the non-natural definition?
Extraordinary, unusual at one place or one time, but not so at another place or time
What is the locality rule?
If factory in residential area, then can be sued
If factory in industrial area, then not sued
Which case shows that just because it offers employment, that does not constitute common benefit?
Cambridge Water v Eastern Counties Leather
Which case shows gas is dangerous?
Batchellor v Tunbridge
